Goodrich v. Reynolds, Wilder & Co.
Illinois Supreme Court
Appeal from the Circuit Court of Rock Island county; the Hon. Ira O. Wilkinson-, Judge, presiding. This was an action of assumpsit, instituted in the court below by Reynolds, Wilder & Co. against Calvin Goodrich.
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Appeal from the Circuit Court of Rock Island county; the Hon. Ira O. Wilkinson-, Judge, presiding. This was an action of assumpsit, instituted in the court below by Reynolds, Wilder & Co. against Calvin Goodrich. The declaration contained the common counts, and a special count upon a promissory note executed by Goodrich, on the 12th of August, 1867, to the Sterling and Rock Island Railroad Company, for the sum of five hundred dollars, payable five years from the first day of September following, with interest, at ten per cent., payable semi-annually. The note was assigned before maturity, to…
1Opinion of the CourtJustice Beeese
It is a rule in pleading, universally recognized, that a plea must answer all that it professes to answer. If it purports to answer the whole declaration, and answers but a part, it is obnoxious to a demurrer. That is the case with all the special pleas in this record. The action was assumpsit, with a special count on a promissory note, and tbe common counts. The pleas are to the whole declaration, whilst they answer only the special count. 1 Ch. Pleading, 555; Snyder v. Gaither et al., 3 Scam. 92.
The fact that the plaintiffs admitted, after the pleas were filed, that the note was the sole…
2Cases cited3 opinions
- President & Directors of Manhattan Co. v. OsgoodNew York Supreme Court · 1818
- Illinois Grand Trunk Railroad v. CookIllinois Supreme Court · 1862
- Frye v. TuckerIllinois Supreme Court · 1860
3Cited by33 opinions
- Swartwout v. Michigan Air Line RailroadMichigan Supreme Court · 1872
- Callaway v. Hamilton Nat. Bank of WashingtonCourt of Appeals for the D.C. Circuit · 1952
- Young v. Erie Iron Co.Michigan Supreme Court · 1887
- Gebbie v. MooneyIllinois Supreme Court · 1887
- Vela v. ShacklettTexas Commission of Appeals · 1929
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